Company Drivers Fleeing the Scene of an Accident After They Hit Me

Getting hit by a car is frightening enough. Watching the driver speed away afterward adds a second layer of shock. But what if the vehicle driving away has a company logo on the door? Then, who is actually responsible: the driver or the company they work for? Does it matter that they fled? And how do you get compensated when the person who hit you refuses to stop?

In the panic of the moment, it may take you a moment to realize that you have been the victim of a hit-and-run. At The Law Office of Brad C. Richardson, LLC, we’ve helped injured parties sort through exactly these situations. If you have fallen victim to a company driver fleeing the scene of a crash, do not hesitate to contact our Myrtle Beach car accident attorney.

Leaving the Scene Is a Crime in South Carolina

South Carolina law requires every driver involved in an accident causing injury, death, or property damage to stop immediately, exchange information, render aid if needed, and report the crash. This duty applies to every driver, regardless of whether they’re driving a personal vehicle or a company vehicle, regardless of who was at fault.

In South Carolina, an individual who leaves the scene of an accident faces the following penalties:

• Damage to unattended property (i.e., a fence, mailbox, or parked/unattended vehicle): Charged as a misdemeanor, the offender may be jailed for up to 30 days and fined $100.
• Minor injuries or damage to an attended vehicle: A misdemeanor which comes with a mandatory 30-day sentence, with up to one year in jail, a mandatory minimum fine of $100, potentially up to $5,000, or both fined and imprisoned.
• Great bodily injury: A felony, punishable by a mandatory 30 days to 10 years imprisonment and a fine of $5,000 to $10,000.
• Death: A felony, punishable by one to 25 years in prison and a fine of $10,000 to $25,000.

How Does a Company Vehicle Affect Liability?

A driver in a personal vehicle who flees may be difficult, sometimes impossible, to identify. A driver in a company vehicle is a different story. Logos, DOT numbers, license plates, and even distinctive design patterns often make it easier to identify the employer, even after the vehicle is gone. Nearby business surveillance cameras, dashcam footage, and cell phone videos are all worth pursuing immediately, since footage can be erased within a few days.

Identifying the employer matters because, under South Carolina law, an employer can be held vicariously liable for an employee’s negligence under the doctrine of respondeat superior. For this doctrine to apply, the employee must have been acting within the scope of their employment at the time of the crash. If the driver was making a delivery, traveling between job sites, or otherwise performing work duties, claims can likely be made under the employer’s commercial insurance. If the driver was on a personal errand unrelated to work, the employer is less likely to be liable.

Albeit, even when respondeat superior doesn’t clearly apply, an employer can sometimes be held directly liable for negligent hiring, training, or supervision. For example, if the company knew or should have known the driver had a poor safety record and put them behind the wheel anyway, you may be able to find the company directly liable for a driver’s negligence. Certain parameters must be present, so pursuing employer liability can be challenging in these circumstances.

Why Hiring a Car Accident Lawyer Matters

While the State may pursue criminal charges against a company driver, this doesn’t mean that they automatically owe you compensation. Even if a judge orders restitution, this is often not enough to cover your medical bills and lost wages, and it certainly does not account for pain and suffering. A hit-and-run charge and conviction can certainly support your civil case by providing evidence of fault and even potentially resulting in a punitive damage award.

Our car accident attorney can assist you in filing a personal injury suit against the other driver or company, evaluating what damages you may be able to recoup, and determining the best approach to get there. Don’t wait too long, as SC Code §15-3-530 only permits injury victims three years from the date of the accident to file a legal claim. While this may seem like ample time, it often isn’t, with evidence collection, discovery, and motions eating up precious time.

Reach Out to Our Myrtle Beach Car Accident Lawyer

If you have been hit by a driver who flees the scene, you may feel disoriented. When a company vehicle is involved, insurance and liability questions only get more complicated. At The Law Office of Brad C. Richardson, LLC, our Myrtle Beach car accident attorney will investigate who was driving, whether an employer bears responsibility, and what insurance coverage may apply. If a company driver hit you and fled the scene, contact our office today for a confidential case review. To get started, feel free to reach out to us online or by calling (843) 488-4321 today.